Virginia organizations fight to protect the Potomac River from PFAS contamination

Wild Virginia and Potomac Riverkeeper Network filed a lawsuit this week challenging a state water pollution permit that they say fails to protect public health and wildlife from dangerous “forever chemicals” at Fort Belvoir, one of the Army’s largest installations.

The Problem: PFAS Without Limits
The lawsuit, filed December 1 in Charlottesville Circuit Court, targets a permit issued by Virginia’s Department of Environmental Quality (DEQ) that authorizes industrial stormwater discharges from Fort Belvoir into Accotink Creek and the Potomac River. The permit’s critical flaw is that it includes no requirements to monitor or limit discharges of per- and polyfluoroalkyl substances (PFAS).

PFAS are synthetic chemicals nicknamed “forever chemicals” because they don’t break down in the environment. Used since the 1940s in products ranging from non-stick cookware to firefighting foam, these substances persist in nature and accumulate in living organisms, including humans.

Why Fort Belvoir Matters
Fort Belvoir has documented PFAS contamination across the installation, particularly from aqueous film-forming foam (AFFF) used for decades to extinguish aircraft fuel fires during emergencies and training exercises. The Army’s own studies have confirmed high levels of PFAS in groundwater, soil, and surface water at various locations on the base.

The contamination sits close to stormwater outfalls that discharge directly into tributaries of Accotink Creek and eventually flow into Pohick Bay and the Potomac River. Given that PFAS travels readily in stormwater runoff, these outfalls likely discharge detectable levels of the chemicals into some of the region’s most important waterways.

The Potomac River stretch near Fort Belvoir serves as critical spawning habitat for rockfish and shad, and provides essential habitat for the endangered Atlantic Sturgeon. Downstream, the river supplies drinking water to millions of people.

PFAS Pose Significant Risk of Harm to the Health of Humans and Wildlife
The health risks from PFAS exposure are serious and growing clearer as research continues. The EPA has determined that two of the most studied PFAS compounds—PFOS and PFOA—are likely carcinogens. Even low-level exposure has been linked to:

Reproductive problems, including decreased fertility and pregnancy complications
Developmental delays in children
Increased cancer risk (prostate, kidney, and testicular)
Weakened immune function
Hormonal disruption
Elevated cholesterol and obesity risk

In April 2024, the EPA established national drinking water standards for six PFAS compounds, with maximum contaminant levels of just 4 parts per trillion for PFOS and PFOA. The agency set its health goals at zero for both chemicals, acknowledging they pose risks at any exposure level.

What the Law Requires
DEQ violated both federal Clean Water Act requirements and Virginia’s State Water Control Law by failing to limits PFAS discharge in the Ft. Belvoir permit. Federal regulations require permits to control pollutants that have “reasonable potential” to violate state water quality standards, including narrative standards that prohibit substances “harmful to human, animal, plant, or aquatic life.”

The EPA has developed monitoring methods specifically for PFAS and recommends at least quarterly testing for military bases and other facilities known or suspected to discharge these chemicals. The agency has also issued guidance on how to set case-by-case technology-based limits for PFAS in the absence of nationwide standards.This means DEQ has the ability to test, monitor, and limit PFAS in discharge permits.

Additionally, Virginia’s water quality standards designate all state waters for recreational uses like swimming and boating, for supporting aquatic life and wildlife, and for producing edible fish and shellfish. DEQ’s own sampling data shows elevated PFAS levels in Accotink Creek, interfering with these uses.

DEQ’s Rationale Falls Short
DEQ justified its decision not to include PFAS monitoring or limits by claiming there are no water quality standards for PFAS and no basis for setting limits without numeric criteria. The agency also noted that Fort Belvoir isn’t upstream of any public water supply intakes.

However, this reasoning ignores Virginia’s existing narrative water quality standards and overlooks the fact that PFAS can travel long distances in surface water. Moreover, water quality protection extends beyond drinking water to include recreation, wildlife habitat, and fisheries. Virginia’s narrative criteria remains the law.

During the public comment process, dozens of commenters—including environmental organizations, local elected officials, and concerned citizens—urged DEQ to require Fort Belvoir to monitor and control PFAS discharges. Despite the extensive public participation, DEQ issued the final permit in October 2025 without making any changes related to PFAS.

Looking Ahead
The lawsuit asks the court to declare the permit invalid and send it back to DEQ with instructions to require PFAS monitoring and limits.

“Virginians have a right to expect that DEQ will protect them and their precious resources from these dangerous chemicals,” said David Sligh, Wild Virginia’s Water Quality Program Director. “The state is failing in its duty to control discharges like those being permitted at Fort Belvoir, and we are insisting that officials reform their permitting approach and fully use their powers to eliminate PFAS releases to the environment.”

For the people who live, work, and recreate along the Potomac River and its tributaries, the outcome could determine whether these waterways remain safe for swimming, fishing, and supporting the diverse wildlife that depends on them.